HomeMy WebLinkAboutResolution 3027
A Resolution
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APPROVING INTERLOCAL AGREEMENT WITH WISE COUNTY, TEXAS FOR
REGULATION OF SUBDIVISION PLATS AND APPROVAL OF RELATED
PERMITS IN THE CITY'S EXTRATERRITORIAL JURISDICTION
WHEREAS, the City of Fort Worth and Wise County Texas currently regulate
subdivision plats m the portion of the exterritorial ~urisdichon ("ETJ") of the City of Fort
Worth located in Wise County pursuant to Chapter 212 and Chapter 232 respectively of
the Texas Local Government Code
governmental entity will regulate such subdivisions
WHEREAS HB 1445 and HB 1204 codified as Section 242 001 Texas Local
Government Code require that municipalities and counties enter into an agreement
concerning regulation of subdivisions m a municipality's ETJ whereby only one
WHEREAS Section 242 001(c) requires that the municipality and the county shall
adopt the agreement by order ordinance or resolution
WHEREAS the City of Fort Worth and Wise County have agreed that the City of
Fort Worth shall have exclusive jurisdiction to regulate subdrvision plats m that portion of
the City s ETJ located in Wise County in accordance with the attached agreement
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT
The Interlocal Cooperation Agreement between the Crty of Fort Worth and Wise County
attached hereto, providing for exclusive ~unsdiction by the City of Fort Worth to regulate subdivision
plats m the City's extraterntonal ~unsdiction m Wise County is hereby approved,
FURTHER RESOLVED that the Crty of Fort Worth certifies that the agreement complies with
the requirements of Chapter 242 of the Local Government Code.
ADOPTED this 1 ~~ day of December 2003
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INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT ("ICA') is entered into and m
accordance with the provisions of the Interlocal Cooperation Act, Chapter 791 Texas
Government Code, and Texas Local Government Code §242.001 as amended by House Bill
1445 ("H.B 1445"), enacted by the Texas Legislature during its 77th Legislative Session, and
House Bill 1204 ("HB 1204 ') enacted by the Texas Legislature dunng its 78th Legislative
Session, by and between the City of Fort Worth, Texas ("City"), a political subdivision of the
State of Texas, and Wise County Texas ("County"), also a political subdivision of the State of
Texas.
Recitals
WHEREAS, prior to the enactment of H.B 1445 Texas Local Government Code
§242.001 authorized City and County to exercise concurrent Jurisdiction over the platting
process required upon the subdivision of land within City's extratemtoral jurisdiction ("ETJ")
located wrthm the County and
WHEREAS, H.B 1445 amended Texas Local Government Code §242.001 to require that
City and County agree to a means whereby only one governmental agency will have Jurisdiction
to oversee and regulate the platting process and related permits within a municipality's ETJ and
• WHEREAS, H.B 1204 established a January 1 2004 deadline for City and County to
enter into an agreement concerning Jurisdiction to oversee and regulate the platting process and
related pernrts wrthm the City's ETJ and
WHEREAS the Interlocal Cooperation Act allows local governments to contract with
one another to perform govenuental functions such as platting and approval of related permits,
and
WHEREAS, City and County mutually desire to be subJect to the provisions of the Texas
Government Code, Chapter 791 the Interlocal Cooperation Act, specifically § 791 011 regarding
contracts to perform governmental functions and services, and
WHEREAS, H.B 1445 and H.B 1204 require City and County to enter into a written
agreement that identifies the governmental entity authorized to regulate subdivision plats and
approve related permits m the extraterritoral jursdiction ("ETJ") of City and
WHEREAS, both City and County desire that City be granted such exclusive Jurisdiction
to regulate subdivision plats and approve related permits in City's ETJ under Chapter A of
Chapter 212 of the Texas Local Government Code and other statutes applicable to
mumcipalrties, all of which is provided for m the Interlocal Cooperation Act, H.B. 1445 and
H.B 1204
NOW THEREFORE, City and County for the mutual consideration stated herein, agree
and understand as follows.
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• Agreements
1 City Granted Exclusive Jurisdiction. City shall be granted exclusive jurisdiction to
regulate all subdivision plats and approve all related permits m City's ETJ and may regulate
subdivisions under Chapter A of Chapter 212 of the Texas Local Government Code and other
statutes applicable to mumcipahties, and County shall no longer exercise any of these functions
in City's ETJ Execution of this Agreement does not affect County's authority to issue permits
for on-site sewage facilities. In accordance with the City's Plan Commission Rules and
Regulations, the Fort Worth Plan Commission will not approve a subdivision plat for lots smaller
than 2.5 acres with on-site septic systems unless the Wise County Public Works Department has
approved the septic system. In addition, execution of this Agreement does not affect County's
authonty to approve culvert and floodplam development permits pursuant to federal law
2. ETJDefined. For the purposes of this agreement, the City's ETJ is described by the area
indicated on Exhibit A, attached hereto and made part hereof by this reference. The recognition
of the ETJ shall not be deemed an admission by the City or the County m any dispute with any
other person or municipality regarding the boundanes of the City's ETJ
3 ETJ Expansion or Reduction. In the event that City's ETJ should expand, City and
County agree that Crty shall continue to be granted exclusive jurisdiction to regulate subdivision
plats and approve related penmts in its ETJ and to regulate subdivisions under Subchapter A of
• Chapter 212 of the Texas Local Govenunent Code and other statutes applicable to
municipalities, until this Agreement is amended to take into account such ETJ expansion. Crty
and County agree that m the event City's ETJ is reduced, County shall have the exclusive
~unsdiction to regulate subdivision plats and approve related plats m areas in the County that are
no longer m the City's ETJ until this Agreement is amended to take into account such ETJ
reduction. Should City expand or reduce its ETJ City shall notify County of such expansion or
reduction within thirty (30) days by sending a copy of the applicable ordinance. Upon receipt of
the ordinance, the County will incorporate the revised ETJ into its GIS system or other such
mapping processes County may have in effect, revise Exhibit A, submit the revised Exhibit A to
the Commissioners Court for approval and, after approved, forward a copy to the City Receipt
by the City of the revised Exhibit A from the County shall be deemed an amendment to this ICA
by the parties pursuant to Texas Local Govenunent Code §242.001(c). The date the City
receives Exhibit A shall be the `Date of Amendment" for the purposes of this ICA.
4 Notice of Plat Submittals and Approvals.
(a) The City shall notify the County of all subdivision plat applications for property
located m City's ETJ within the County within ten days after receipt of a completed application.
City shall use its best efforts to comply with this paragraph, however failure to comply shall not
affect the validity of any subdivision plat.
(b) The City shall notify the County of the approval of a plat. A copy of any
engineering plans and three copies of each approved plat shall be sent to the Wise County Judge,
at the address set out in Section 11(e), within thirty (30) days of the City's approval. In addition
• to providing hard copies, the approved plat and engineering plans may also be sent on floppy
disks or CD-rom in a format compatible with the County's GIS system. After nonce of approval
is given, the County shall assign addresses to each lot within an approved subdivision.
5 Plats Affected. The plats which will be subject to this ICA are those that will be filed
after the Effective Date, as defined herein, of this ICA. If the ETJ is expanded or reduced, plats
must be filed with the party who will have jurisdiction after the Date of Amendment. The party
receiving an application for a plat approval for which the party has no jurisdiction may either
direct the developer to the appropriate office or forward the application. Any rights accruing to a
person under Texas Local Government Code Chapter 245 shall not be affected.
6 Collection of Fees and Costs. All costs involved with the approval of subdivision plats
under this ICA, including but not hmrted to engineering reviews and inspections of public
improvements, shall be borne by the City and payable out of current revenues available to it. All
fees relating to subdivision plat approval shall be collected by the City and retained by the City
unless otherwise agreed by City and County
7 Maintenance of Roads County shall continue to maintain roads constructed m the ETJ
at County's expense, except as otherwise provided by agreement.
8 Effective Date. The Effective Date shall be the date upon which both parties have
approved and fully executed this ICA.
9 Applicable Regulations. The subdivision rules and regulations currently enacted by the
City and extended to the ETJ are hereby established as the set of regulations to be enforced by
the Crty m the ETJ The only exception to this provision shall be instances where the
subdivision rules and regulations of the County provide a more stringent standard, in which case,
the more stringent standard shall apply Any amendments to either party's subdivision rules and
regulations shall be sent to the other party pursuant to Section 11(e) below
10 Certification of Agreement City and County hereby certify that upon approval of this
Agreement by the Crty Council of the Crty of Fort Worth and the Wise County Commissioners
Court, this Agreement will comply with the requirements of Chapter 242 of the Texas Local
Government Code, as amended by H.B 1445 and H.B 1204
11 Miscellaneous Provisions
(a) This Agreement expresses the entire agreement between the parties hereto
regarding the subject matter contained herein and may not be modified or amended except by
written agreement duty executed by both parties.
(b) This Agreement has been duly and properly approved by each party's governing
body and constitutes a binding obligation on each party
• (c) This Agreement shall be construed in accordance with the laws of the State of
Texas and venue for all purposes hereunder shall be in Wise County Texas.
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• (d) If any provision hereof is determined by any court of competent ~uosdiction to be
invalid, illegal or unenforceable, such provision shall be fully severable herefrom and this
Agreement shall be construed and enforced as if such invalid, illegal or unenforceable provision
never composed a part hereof; and the remaining provisions shall continue m full force and
effect.
(e) All notices required to be given by virtue of this ICA shall be addressed as
follows and delivered by certified mail, postage prepaid or by hand delivery
City Crty Manager
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Copy to
Development Director
Crty of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
And
Crty Attorney
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
County Wise County Judge
P O Box 393
Decatur Tx. 76234
Copy to
Wise County Attorney
Christopher N Forbes
Sewell and Forbes
Sewell Building
102 N Walnut
Decatur Tx. 76234-0534
(f) This ICA is not intended to extend the liability of the parties beyond that provided
by law Neither the Crty nor the County waives any immunity or defense that would otherwise
be available to it against claims by third parties.
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(g) County reviews and considers renewal of all mterlocal agreements effective
October 1 of each year City and County shall use their best efforts to renew this Agreement on
or before October 1 2004
APPROVED BY THE CITY COUN FOR THE CITY OF FORT WORTH, TEXAS,
in rts meeting held on they day of 2003 and executed by rts
authonzed representative.
CITY OF FORT WORTH, TEXAS
ATTEST
rty ecret
AS TO FORM.
•
City Attorney
By ~/
Title:
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Contract Authorization
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APPROVED BY THE COMMISSIONERS COURT FOR WISE COUNTY TEXAS, m
its meeting held on the day of , 2003 and executed by rts
authonzed representative.
WISE COUN'T'Y
ATTEST
By.
Judge R.R. Chase, County Judge
County Clerk
,~ APPROVED AS TO FORM.
County Attorney
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~~ity of Fort Worth Extra-Territorial Jurisdiction Wise County